Section 13-4-5 - Use of New Mexico materials. - New Mexico Statutes

13-4-5. Use of New Mexico materials.

A.     In all public works within New Mexico, whether constructed or maintained by the state or by a department, a board, a commission of the state or by any political subdivision thereof, or in any construction or maintenance to which the state or any political subdivision thereof has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use. In any case where, in the judgment of the different officers, boards, commissions or other authority in this state now or hereafter vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, then the provisions of this section shall not apply.   

B.     As used in this section, "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state.